White Collar Crimes

White Collar Crimes

White Collar Offenses are different not because they are punished any less severely or that the consequences are not as dire but because of the status of the victim. The victim in white collar crimes is often a corporate entity or the general taxpayer and not an individual who suffered harm. Often white-collar offenses such as embezzlement, conspiracy, wire fraud, mail fraud, other types of fraud and theft, and larceny involve forensic accounting, consensual overhears, informants, wiretaps, and cooperating witnesses.

Like most serious cases, white-collar criminal defense involves what evidence is allowed into evidence at trial and what evidence can be successfully suppressed. Unlike at trial where you carry a presumption of innocence, at a pre-trial motion it is your burden to establish a prima facia case that your constitutional rights were violated warranting suppression of evidence or that the evidence was far too prejudicial to be admitted at trial. During these pre-trial motions, a criminal defense attorney’s true skills shine which ultimately could be the difference between victory and defeat

Theft

The theft laws in Illinois are found at 720 ILCS 5/16 and punishes all the theft laws from simple theft to theft over a million dollars, theft by deception, larceny, theft of services, identity theft, retail theft, and embezzlement. Regardless of the specific allegation, all Illinois theft laws prohibit knowing behavior. To be found guilty of a theft crime under 720 ILCS 5/16-1 the prosecution must establish beyond a reasonable doubt that the defendant knowingly:

Other sections of the Illinois theft statute prohibit more specific theft crimes. For example, 720 ILCS 5/16-2 prohibits theft of lost or mislaid property; Section 5/16-3 prohibits theft of labor or services; Section 5/16-5 prohibits theft from coin-operated machine; Section 5/16-6 makes illegal possession of theft-related devices; Section 5/16-14 prohibits theft of utility services; Section 5/16-17 makes illegal the theft of advertising services; 720 ILCS 5/16-3 regulates identity theft and aggravated identity theft; and Sec. 16-40 prohibits theft related to the Internet.

The sentence for theft in Illinois varies greatly based upon the dollar amount of the property stolen and whether the theft occurred from the victim or whether the theft was not from the person. For example, a pickpocket who steals a wallet from the victim’s pocket is punished more severely than a person who steals a wallet from a restaurant table. Of course, the amount of money contained in the wallet is a huge factor in the potential sentence available if convicted of theft. In Illinois, a sentence for theft can be as low as a Class A misdemeanor all the way up to a Class X offense.

Like most serious cases, white-collar criminal defense involves what evidence is allowed into evidence at trial and what evidence can be successfully suppressed.During these pre-trial motions, a criminal defense attorney’s true skills shine which ultimately could be the difference between victory and defeat

Fraud

Fraud crimes cover a host of offenses such as mail fraud, wire fraud, bank fraud, Medicare fraud, insurance fraud, elder abuse fraud, and even welfare fraud. Article 17 of the Criminal Code covers most of the fraud crimes in Illinois.

All fraud offenses regardless of the specific allegation all involve an intent to defraud. Most fraud crimes also carry with them civil liability to the defrauded individual or to the state or federal government. For example, Medicare fraud can potentially carry a civil damage that can be three-times the amount alleged to have been stolen.

The penalties available upon a conviction vary depending upon the actual crime violated, the amount of money alleged to have been stolen, and like all offenses the criminal history of the person convicted.

Forgery

Forgery laws in Illinois cover a whole host of offenses that center on the creation, the possession, or the delivery of something with the intent to defraud. The Illinois laws on forgery are found at 720 ILCS 5/17-3. Forgery is often a charged offense along with fraud charges such as wire fraud, mail fraud, bank fraud, or Medicare fraud. Forgery also includes the offenses of counterfeiting, possession of fraudulent identification, passing bad checks, or illegal use of credit cards.

The Illinois forgery laws are broadly written into four categories that cover all the various ways forgery could be committed. Those four forgery categories are:

Illinois forgery laws also define the term “document” very broadly to includes not only physical documents but also electronic documents, coins, and even Universal Price Code Labels (UPC label).

Forgery is sentenced as a Class 3 felony in most cases. If the forgery only involves one UPC label then the forgery is charged as a Class 4 felony. When the forgery involves an academic degree or a coin then Illinois punishes forgery as a Class A misdemeanor.

The penalties available upon a conviction vary depending upon the actual crime violated, the amount of money alleged to have been stolen, and like all offenses the criminal history of the person convicted.

Jaleel Law P.C.

1550 Spring Road, Suite 120

Oak Brook, Illinois  60523

United States (US)

Phone: 630-360-2LAW (2529)
Fax: 630-504-2107
Email: info@defenseadvocates.com

Areas We Serve

Centrally located in Du Page County we represent clients in trial and appellate courts throughout Illinois including the counties of Cook County, Du Page County; Will County, and Kane County. We have won on behalf of clients at the Daley Center; 26th and California; Bridgeview; Skokie; Rolling Meadows; Maywood; Markham; and all the branch courts in Chicago; and the Northern District of Illinois along with all five Illinois Appellate Courts and the federal circuit court of appeals.